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Supreme Court of India

SWAMY PRAKASANANDA AND ANR. versus STATE OF KERALA AND ORS.

Decided
18 September 2006
Judges listed
AR. LAKSHMANAN, R.V. RAVEENDRAN (as the open data lists them; this may not name the whole bench)
Disposal
Directions issued

Citations

Official
[2006] SUPP. 6 S.C.R. 377 · 2006 INSC 629

Cited by

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The Court's text

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By order dated 2.5.2006, we had appointed Mr. Justice K.S. Paripoornan as the Authority to perform and discharge the following functions :

p. 378, margin B

·'(i) to scrutinize and decide the validity of the admission of 18 members to the Trust; (ii) to examine and decide whether the removal/exclusion of the said 18 members as also six of the original members from the Trust is valid; (iii) to finalise the list of voters for holding elections to elect the Trust Board; and (iv) to draw up the calendar. and supervise the conduct of the elections for the Board, the declaration of the results, and the handing over of the charge from the existing Board to the newly elected Trust Board."

p. 378, margin B

In pursuance of the same the Authority has passed an order dated 16.8.2006 after considering the validity of admissions of 18 members and of removal/exclusion of the said 18 members as also 6 of the original members. He has also finalized the list of voters and notified the same. The calendar for holding elections on 5.10.2006 has been notified.

p. 378, margin D

Some of the members of the Trust have filed SLPs. objecting to the final order dated 16.8.2006 passed by the Authority. But when the matter came up on 15.9.2006, they have requested that the said SLPs. may be treated as interlocutory applications in this matter by way of objections/ response to the final order/report of the Authority. The said request has been accepted. Learned counsel for some other members have l'l:quested for time to file their response in regard to the said final order/report. On 15.9.2006, we have granted 6 weeks time for that purpose.

p. 378, margin E

We have heard the parties in regard to the interim prayers and considered the Authority's letters dated 8.9.2006 and 11.9.2006 and issue the following directions :

p. 378, margin G

(i) As the election process as per the calendar has begun, propose to consider any prayer for interim relief that will interfere election process. The Authority shall proceed with the conduct as per the final order as also calendar published by him. We venue for elections as the old High Court building at Ernakulam, ensure that the election will be held in an orderly manner supervision of the Authority. The Authority shall proceed functions entrusted, as per our order dated 2.5.2006. The Authority take police aid for the orderly conduct of the election.

p. 379, margin A

(ii) The election and the declaration of the result shall order that we may pass on the responses filed (and to Authority's order dated 16.8.2006 and on the suggestions Authority in Para 30 of his order dated 16.8.2006.

p. 379, margin B

(iii) The Trust shall make the following payments within (a) Rs.85J42/- to the Authority towards expenses 8.9.2006. {b) Consolidated remuneration at the rate of Rs. Mr. M.C. Madhavan, Secretary to the Authority, of his appointment. {c) Rs.1,50,000/- as remuneration payable to

p. 379, margin C

tentatively fixed, subject to the final orders.

p. 379, margin E

List the matter for further orders after 6 weeks. D.G. List after 6 weeks for

p. 379, margin E